Authority: IC 12-9-2-3

Affected: IC 12-12-5; 20 U.S.C. 107

Sec. 14. (a) Determination of BEP facility locations include the following:

1. (1) The state licensing agency may establish a BEP facility at a particular location only if establishment of a facility at that location is likely to do the following:

   1. (A) Contribute to the development of significant economic opportunities for blind persons.
   2. (B) Provide for the productive use of program assets.

2. (2) The state licensing agency's determination under subsection (a) shall be made on the basis of an evaluation of relevant factors in a survey of the location. Factors to be evaluated include the following:

   1. (A) Population.
   2. (B) Traffic.
   3. (C) Competition.
   4. (D) Continued availability of the location.
   5. (E) Type of premises.
   6. (F) Potential return on investment.

(b) If the sales productivity of a BEP facility is adversely affected by factors beyond the control of the state licensing agency or of the operator, the state licensing agency must review and determine whether the location remains suitable for a BEP facility or for the current type of operation. The state licensing agency shall evaluate all relevant factors, including those set out in subsection (a)(2) in a review of the location. On the basis of this review, the state licensing agency may:

1. (1) close a BEP facility; or
2. (2) convert the existing facility to another type of operation.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 2-4-14; filed Aug 23, 2001, 2:30 p.m.: 25 IR 67; filed Nov 26, 2007, 10:19 a.m.: 20071226-IR-460070254FRA; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 20, 2013, 9:02 a.m.: 20131218-IR-460130457RFA; readopted filed Nov 13, 2019, 11:55 a.m.: 20191211-IR-460190489RFA; readopted filed Oct 8, 2025, 3:17 p.m.: 20251105-IR-460240500RFA)